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State v. Mullins
340 S.W.3d 311
| Mo. Ct. App. | 2011
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Background

  • Barnes was robbed at gunpoint on a dead-end street; Mullins exited a silver car and forced her to surrender her own vehicle.
  • Barnes had a clear view of Mullins’s face during the robbery and provided a physical description to police shortly after.
  • Police recovered Barnes’s car the same day and conducted a lineup at Barnes’s request; Mullins was included in the lineup with two others.
  • Barnes identified Mullins from the lineup and later identified him at trial; Mullins was convicted on counts including first-degree robbery and armed criminal action.
  • The trial court admitted the pretrial and trial identifications; Mullins argues the lineup was unnecessarily suggestive and violated due process.
  • Standard of review governs admissibility of identification evidence, focusing on abuse of discretion and potential prejudice.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the lineup was unduly suggestive Mullins claims lineup was suggestive Lanos analysis shows lineup not unduly suggestive Lineup not unduly suggestive; identification admitted

Key Cases Cited

  • State v. McElvain, 228 S.W.3d 592 (Mo.App. W.D.2007) (unduly suggestive lineups require careful scrutiny; reliability weighs if no error)
  • State v. Lanos, 14 S.W.3d 90 (Mo.App. E.D.1999) (two-step test for admissibility of identification evidence)
Read the full case

Case Details

Case Name: State v. Mullins
Court Name: Missouri Court of Appeals
Date Published: Apr 19, 2011
Citation: 340 S.W.3d 311
Docket Number: ED 94809
Court Abbreviation: Mo. Ct. App.